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House Calendar No. 165. 

62d Congress, ) HOUSE OF REPRESENTATIVES, j Report 

2d Session. j" ( No. 481. 



CORRECTION OF ERROR IN RECORD OF CHOCTAW TREATY 
OF SEPTEMBER 28, 1830. 



April 1, 1912.— Referred to the House Calendar and ordered to be printed. 



Mr. Ferris, from the Committee on the Public Lands, submitted 

the following 

REPORT. 

[To accompany II. R. 15361.] 

The Committee on the Public Lands, to whom was referred the bill 
(H. R. 15361) to correct an error in the record of the supplemental 
treaty of September 28, 1830, made with the Choctaw Indians, sub- 
mit the following report: 

This is a bill to correct the name of one of the reserves of public 
lands provided for in the supplemental treaty between the United 
States and the Choctaw Indians of Mississippi entered into on the 
28th day of September, 1830, in this, to wit: That there was reserved 
in said supplemental treaty to a certain Indian named therein 
"Thomas Garland" all of section 8 and the west half of section 9 in 
township 19, north of range 16 east, Choctaw meridian, Mississippi, 
and it is claimed that the name of the Indian to whom the reservation 
was made was Thomas Wall, and this claim appears to be sustained 
by the report of the Acting Secretary of the Interior Department in 
which report, after reviewing the record in the case, the Assistant 
Secretary says: 

In view of the record in the case the department knows of no reason why legisla- 
tion such as that contained in H. R. 15361 should not be enacted providing for the 
issuance of a patent in the name of Thomas "Wall for the land as described in said 
bill and for the approval of the sale by him to Anthony Winston. 

The committee, therefore, recommends that all but the enacting 
clause in said bill be stricken out, and insert in lieu thereof the fol- 
lowing: 

That the Secretary of the [nterior is hereby authorizedto issue a patent to Thomas Wall, 

now deceased, formerly of Mississippi, for the following-described tracts of land: All 

'lion eight and the west half of Bection nine in township nineteen north of range 

sixteen east. Choctaw meridian, Mississippi, and that the sale of said land by said 

Thomas Wall to Anthony Winston is hereby approved. 



2 CORRECTION OF ERROR IN RECORD OF CHOCTAW TREATY. 

The papers and report from the Interior Department are as follows: 

Department of the Interior, 

Washington, March 8, 191 J. 
Hon. Joe T_ Robinson, 

Chairman Committee on Public Lands, House of Representatives. 

Sir: I have the honor to acknowledge the receipt of a copy of H. R. 15361, entitled 
"A bill to correct an error in the record of the supplemental treaty of September 
twenty-eighth, eighteen hundred and thirty, made with the Choctaw Indians, and for 
other purposes," and of your request of February 8, 1912, for a report thereon. 

Article 2 of the supplemental articles to the treaty of the United States with the 
Choctaw Indians of September 28, 1830 (7 Stat. L., 340), allowed a reservation of a 
section and a half of land to certain persons named therein, among others one Thomas 
Garland . Such reservation to Garland was to include his residence and improvements. 
The above-mentioned supplemental treaty was signed by Greenwood Le Flore, Moo- 
shalatubbee, David Folsom, and other Choctaw Indians. On September 3, 1831, a 
little less than one year from the date of the treaty, William Ward, Choctaw agent, and 
the Indians above mentioned, and Natuckachy and Joel H. Nail, chiefs and headmen 
of the Choctaw Nation, executed a certificate showing that the reservation granted to 
Thomas Garland in the supplemental treaty was intended to be given to Thomas 
Wall, there being no such person in the Choctaw Nation as Thomas Garland, and that 
the fact that Thomas Wall being the person to whom the reservation was intended to 
be granted was universally known and admitted by everyone acquainted with the 
objects of the treaty. A copy of said certificate is inclosed. 

On November 18, 1831, the Commissioner of Indian Affairs wrote to William Ward, 
Choctaw agent, that ''the claims of Thomas Wall and others to reservations whose 
names have been omitted or improperly entered in the old treaty will be submitted 
to Congress, by which body only any errors of this sort that may have been made 
in the treaty can now be corrected." 

No trace of any action by the President approving the location by Thomas Wall 
of the tracts of land mentioned has been found in the Indian Office; neither has it 
been discovered that the question of the alleged error in the supplemental treaty 
was ever submitted to Congress. 

The records of the Indian Office show that on December 11, 1833, Thomas Wall 
made a deed to Anthony Winston covering the land reserved for said Thomas Wall, 
and the sale was approved by Anthony A. Kincannon, who was a commissioner 
appointed by the War Department to examine into and report on sales made by 
reservees in accordance with the provisions of the treaty. The sale was never sub- 
mitted to the President for approval because of the question of the rights of Wall 
to the allotment as above mentioned. 

From the record contained on page 40 of the original return of Col. George W. Mar- 
tin, locating agent, it appears that he reserved for "Thomas Garland alias Thomas 
Wall" one and one-half sections of land described as the whole of section 8 and west 
half of section 9, township 19 north, range 16 east, Choctaw meridian, Mississippi. 
The "Compilation of Choctaw Reservations, treaty of 1830," in the files of the General 
Land Office show the reservation of land to "Thomas Garland alias Thomas Wall," 
but does not show that any patent has ever been issued for the land in question. 
It is apparent from the certificate signed by Greenwood Le Flore et al. that there 
was no such person as Thomas Garland known to them, and that Thomas Wall was 
one of the persons intended to be beneficiaries under article 2 of the supplemental 
treaty. 

Inasmuch as the name of Thomas Wall was not mentioned in the article a reser- 
vation of land to him could not be approved thereunder, and if any error existed 
as to the names set forth in said article of the treaty it could only be corrected by 
legislative action. 

In view of the record in the case the department knows of no reason why legislation 
such as that contained in II. R. 15361 should not be enacted providing for the issuance 
of a patent in the name of Thomas Wall for the land as described in said bill and for 
the approval of the sale by him to Anthony Winston. 

The department recommends, however, that the several paragraphs commencing 
with a "Whereas," on pases 1 and 2, between the title of the bill and the enacting 
clause, be stricken out, and that the word "said, " in line 3 of page 2, be also omitted. 

Copies of several papers in the files of the Indian Office relative, to this case are 
transmitted herewith. 
Respectfully, 

Samuel Adams, 

Acting Secretan/. 

(I'' 



CORRECTION OF ERROR IN RECORD OF CHOCTAW TREATY. 3 

Office Indian Affairs, May 12, 1845. 
Col. Wm. Armstrong, 

Choctaw Agency, West of Arkansas. 
Sir: I inclose the copy of a letter of the 9th instant, from the Assistant Quartermas- 
ter General to this office, respecting the claim of Thomas Wall, a Choctaw Indian. 
By it yon will perceive that Gen. Jesnp, now on his way to the West, will he instructed 
to examine and adjust the whole matter. 

T. 11. C. 
(Filed by L. G. K. Indian Office Records, vol. 36, letter books, p. 383.) 



This indenture, made and entered into this 11th day of December, A. D. 1833, 
between Thomas Wall of the first part and Anthony Winston of the second part, wit- 
nesseth : 

Whereas by virtue of the second article of the supplement to the treaty of Dancing 
Rabbit Creek, made and concluded between the General Government of the United 
States and the Choctaw Tribe of Indians on the 27th day of September, A. D. 1830, a 
reservation of one section and a half of land was granted to the said Thomas Wall, 
party of the first part; and whereas said reservation of land hath been located on sec- 
tion 8 and the west half of section 9, in township 19 of range 16 east, in the land dis- 
trict of Columbus, by Col. George W. Martin, the agent of said Government appointed 
to locate and reserve from sale the reservations granted by said treaty: 

Now this indenture witnesseth that the said party of the first part for and in con- 
sideration of the sum of $2,403.33^ to him in hand paid by the said party of the second 
part (the receipt thereof is hereby acknowledged), hath granted, bargained, and sold, 
and by these presents doth grant, bargain, and sell, unto the said party of the second 
part, his heirs and assigns forever, all of said section 8 and said west half of said sec- 
tion 9, in township 19 of range 16 east, in said land district of Columbus, together with 
all and singular the tenements, hereditaments, and appurtenances thereunto belong- 
ing or in any wise appertaining, and the reversion and reversions, remainder and 
remainders, rents, issues, and profits thereof, and also all the estate, right, title, 
interest, claim, or demand whatsoever of the said party of the first part, either in 
law or equity, of, in, or to the above bargained and sold lands and premises and every 
part and parcel thereof, to have and to hold, to the said party of the second part, his 
hens, and assigns, to the sale and only proper use, benefit, and behoof of the said party 
of the second part, his heirs and assigns, forever. 

And the said party of the first part, his heirs, executors, and administrators, all 
and singular, the above bargained and sold lands and premises and every part and 
parcel thereof unto the said party of the second part, his heirs and assigns, against, 
the said party of the first part, his heirs and assigns, and against the claim of all and 
every other person and persons whatsoever, and also against the claim or claims of 
said General Government, shall and will warrant and forever defend by these pres- 
ents. And the said Thomas Wall, party of the first part, for himself, his heirs, execu- 
tors, and administrators, doth hereby covenant and agree to and with the said party 
of the second part, his heirs, executors, administrators, and assigns, that he, the said 
party of the first part, whenever he shall be therennto required, will make to the said 
party of the second part all such further deeds and conveyances, and do and perform 
all and every necessary act and thing that may be required to vest in Baid party of the 
second part a complete and absolute title in fee simple to said lands and premises, 
and every part and parcel thereof. 

In testimony whereof the said party of the first part hath hereto set his hand and 
affixed his seal the day and year first above written, the words "and the west half 
of section 9" being first interlined between the thirteenth and fourteenth lines of the 
first page from the top. 

Thomas Wall, [seal.] 

Signed, sealed, and delivered in the presence of — 
A. J. Rose. 
Jno. M. Moore. 



The State of Mississippi, 

Lowndes County, to wit: 

Before me, John II. Morris, an acting justice of the peace in and fur said county, 

personally came the above-named Ambrose J. Rose, one of the subscribing witnesses 

to the foregoing deed, who, being first duly sworn, deposeth and saith, that he saw the 

above-named Thomas Wall, whose name is subscribed thereto, sign, seal, and deliver 



4 CORRECTION OF ERROR IN RECORD OF CHOCTAW TREATY. 

the same to the above-named Anthony Winston; that he, this deponent, subscribed 
his name as a witness thereto in the presence of the said Thomas Wall, and that he 
saw John M. Moore, the other subscribing witness, sign the same in the presence of 
the said Thomas Wall and in the presence of each other on the day and year therein 
mentioned. 

Given under my hand and seal this 11th day of December, 1833. 

[seal.] John H. Morris, 

Justice of the Peace. 



The State of Mississippi, Lowndes County. 

I, William L. Moore, clerk of probate in and for Lowndes County, do hereby certify 
that the foregoing and annexed deed of conveyance was this day deposited in my 
office for record, and the same, together with the certificate of probate and this certifi- 
cate, has been duly recorded in the records of my office in book No. 3, pages Nos. 
302, 303, 304, 305, and 306. 

Given under my hand and seal of office at office this the 11th davof December, A. D. 
1833. 

William L. Moore, Clerk of Probate. 



Department of War, 
Office Indian Affairs, 

November 18, 1831. 
Col. William Ward, 

Choctaw Agent, etc. 
Sir: I am directed to inform you that the department has decided that the Choc- 
taws have the right under the late treaty to make relinquishments until the 1st day 
of January, 1832, and that anyone entitled to a reservation of land under any provision 
of the treaty may, within the period mentioned, relinquish the same if he prefers 
doing so. You will inform the chiefs of this decision, and as soon as practicable after 
the expiration of the period aforesaid return a complete copy of the list of claims to 
reservations left with you by Maj. Armstrong showing in the proper column the name 
of each person who may relinguish his claim. 

The claim of Thomas Wall and others to reservations whose names have been 
omitted or improperly entered in the late treaty will be submitted to Congress, by 
which body only any errors of this sort that may have been made in the treaty can now 
be corrected. 

I am, etc., Elbert Herhing. 

(Filed by L. G. K. Indian Office Records, vol. 7, letter books, p. 474.) 



Washington City, November 4, 1831. 
Hon. Lewis Cass, 

Secretary of War. 
Sir: Inclosed you will receive the certificate of the principal chiefs of the Choctaw 
Nation showing, as they say, a mistake in the treaty with that tribe in the name of 
an individual claiming a reservation. 

I have the honor to be, your obedient servant, 

F. W. Armstrong. 
(Filed by L. G. K.) 

Columbus, September 24, 1833. 
Sir: You are hereby notified that I am in possession of section 8 and the west half 
of section 9 of township 19, range 16 east, and request that those pieces of land be 
reserved from sale and the title secured to me. Claimed under and by virtue of the 
second article of the supplement to the treaty of Dancing Rabit Creek on September 
27, 1830. 

Thomas Wall. 
(Filed by L. G. K.) 

We, the undersigned chiefs and headmen of the Choctaws, do hereby certify that 
the reservation granted to Thomas Garland in the supplement to the late treaty made 
at Dancing Rabit Creek on September 25, 1830, allowing him a section and a half 



rd 1.4 a ^ 



CORRECTION OF ERROR IN RECORD OF CHOCTAW TREATY. 5 

of land, was intended to be given to Thomas Wall, (here being do such person in this 
nation as Thomas Garland. The fact of Thomas Wall's being the person to whom the 
reservation was intended to be granted is universally known and admitted by every- 
one acquainted with the objects of the treaty. 

We further certify that Nathaniel Fulsom was also provided for in the supplement 
aforesaid, and that his name does not appear in the printed copy of the treaty. 

After the late Secretary of War reached Franklin he sent us a written copy of the 
treaty. 

There was a person by the name of N. Holstein provided for in the supplement, 
but not N. Fulsom as actually was intended by the parties to the treaty. 

Done at the agency September 3, 1831. 

W. Wakd. Agent, C. AT. 
Greenwood Leflore. 

MoOSHALATUBBEE. 

Natcckachy. 

David Folsom. 
Joel II . Nail. 
(Filed by L. G. K.) 

Office Indian Affairs, 

May 5, 1831. 
ELarkins, G. W., Jones, R. M., and Juzan Pierre, Washington. 

Gentlemen: Your letter of the 4th instant has been received. 

If it shall be found that in locating posts on the Indian frontier any valid right of 
Thomas Wall will be impaired, the question of remunerating him for the damage he 
may sustain will be duly considered. 

C. A. H. 

(Filed by L. G. K. Indian Office Records, vol. 24, letter books, p. 383.) 



[Extract from pages Si and 82 Brown and Kincannon's notes of proceedings in certifying Choctaw claims 

in Mississippi.) 

No. 100. Thomas Garland alias Thomas Wall. Sec. 8, T. 19, R. 16 E., W. h sec. 9, 
T. L9, R. 16 E. 

Claimant Anthony Winston by deed from reservee, under the name of Thomas Wall, 
dated September 11, 1833. Consideration, $2,403.33J proved and recorded in 
Lowndes County, Miss. 

John ('. Whitsett sworn, saith that he was acquainted with reservee; that he was 
educated and an intelligent half-breed; that witness was present during the nego- 
tiation of the trade; that it was to be a cash sale, but happened to be out at the time 
he supposed the money was paid, but heard reservee boasting of the good trade he 
had made, and that he seemed highly pleased and satisfied with the whole transac- 
tion. Witness was to have been interested, but finally declined on account of the 
high price agreed upon by Col. Winston. 

H. A. Rose, of Columbia, to be examined in this case. John L. Winston sworn, 
saith that ho was not present at the time of the trade between his father and reservee, 
but a few hours afterward met with reservee, who told him he had sold his land to 
witness's father, who had paid him for it, witness thinks at, the rate of $2.50 per acre. 
On the same day and before this conversation with reservee witness had returned to his 
father, who had previously placed it in his hands, about $2,500, which he said was to 
pay said Wall for his land. 

(XAppd. Filed by L. G. K.) 

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